Debts before marriage how long after divorce are not considered property transfers

It is only natural to repay the debt.

Jointly repay premarital personal debts and need to be compensated after divorce.

The personal debts of the spouses before marriage should be borne by the individual, and marriage does not alter this principle. If, after marriage, one of the spouses repays with the joint property of the spouses, the act is a violation of the property rights of the other spouse. If the parties divorce, the other party can recover from them.

The personal debt owed by one of the husband and wife before marriage is a creditor's right and debt relationship formed between the husband and the creditor due to specific legal facts, and it is the relationship of rights and obligations between one of the husband and wife and the creditor before the marriage relationship arises. According to the principle of relativity of claims, the creditor can only claim rights against a specific debtor, but not against his spouse after the debtor is married. However, if there is a necessary causal relationship between the debts owed by one party before marriage and the joint life of the husband and wife after marriage, and the funds and property in the debts owed before marriage have been converted into joint property of the husband and wife after marriage or have become the common material living conditions of the husband and wife after marriage, the personal debts owed by one party before marriage shall be converted into joint debts of the husband and wife and shall be repaid jointly by the husband and wife.

However, the creditor should bear the burden of proof in this regard.

Article 23 of the Judicial Interpretation (II) of the Supreme People's Court on the Marriage Law stipulates that: "Where a creditor claims rights against the debtor's spouse in respect of the personal debts incurred by one party before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage. ”

When a pre-marital personal debt of one of the spouses is converted into a joint debt, the debtor's spouse is liable for the settlement only to the extent that he or she actually receives the property or benefit. So how to grasp the standard of proof that the debtor's debts owed before marriage are used for family life together after marriage? In judicial practice, there are many types of conversion from premarital personal debts to postmarital joint debts, such as:

If one party takes out a mortgage loan to buy a house before marriage, and the husband and wife live together or use it together after marriage, it can be converted into joint debts after marriage; If one party borrows money to purchase a large number of wedding supplies before marriage, and it is needed for the husband and wife to live together after marriage, it can be converted into joint debts after marriage; One party borrowed money to renovate a house before marriage, and the house was used by both husband and wife together after marriage, etc. In short, to determine the causal connection between a party's premarital debts and their cohabitation after marriage, a comprehensive judgment should be made based on many factors such as the purpose and use of the debtor's debts and the needs of living together after marriage. More exciting content**Nanchang lawyer.

Legal analysis: how long before the divorce can not transfer property, in the divorce, the personal property belongs to the individual, and the joint property of the husband and wife is divided and erected. Where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the remaining property of the husband and wife may be divided with less or no share.

Legal basis: Article 1092 of the Civil Code Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Legal analysis: The law does not clearly stipulate the time node of malicious transfer of joint property of husband and wife, and the judge needs to make a comprehensive judgment based on the facts and circumstances of the case, but once it is determined that the joint property of husband and wife is maliciously concealed, transferred, sold or destroyed, the party at fault will share less or even no share of the joint property of the husband and wife.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt disposal.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug abuse that have been repeatedly taught;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.